Terms Of Use

UPDATED 14 August 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THE SITE CONSTISTUTES YOUR AGREEMENT TO THESE TERMS OF USE (THE “TERMS AND CONDITIONS”). We recommend that you print or save a copy of these Terms and Conditions for future reference.

GENERAL

Thank you for visiting www.linoluka.com (“Website”). These Terms and Conditions are applicable to your use of this Website and to all purchases of products through links to external providers (e.g. Amazon) on this Website.

This Website is operated by Lino & Luka B.V., a limited liability company incorporated under the laws of The Netherlands, with its main offices at ‘s-Hertogenbosch, The Netherlands, registered at the Chamber of Commerce of ‘s-Hertogenbosch, The Netherlands under No. 65883489 with V.A.T. No. NL856302818B01

The terms “Lino & Luka””, “we”, “us” and “our” when used in these Terms and Conditions means Lino & Luka B.V.. The terms “you” and “your” when used in these Terms and Conditions means any person or entity browsing, using or purchasing products on or through this Website.

This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.

These Terms and Conditions are available in the English language.

GOVERNING PROVISIONS

These Terms and Conditions may be changed by us from time to time without notice to you. The latest Terms and Conditions will be posted on the Website, and you should always review these Terms and Conditions prior to using the Website to ensure that you have a current understanding of the terms under which you are permitted to access and use this Website. If for any reason you cannot access the Terms and Conditions via the Internet, we can provide a copy of the most recent Terms and Conditions by e-mail upon request. Please e-mail us at info@linoluka.com.

YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS.

ENTIRE AGREEMENT

These Terms and Conditions (together with our Privacy & Cookie Notice, and any other terms and conditions on the Website) contain the entire understanding between you and us with respect to use of this Website and any product(s) you purchase on or through this Website, and, save as required by law, no representation, statement or inducement, whether oral or written, not contained herein shall bind us or you. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Lino & Luka. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Website please read through all referenced documents carefully. Nothing in this paragraph limits or excludes liability for fraudulent misrepresentation.

MINORS

This Website is not intended for use by children or minors under the age of 18 years without the permission of a parent or guardian. You must be at least 18 years of age to make a purchase on or through this Website.

Orders can be placed on this Website through a link to Amazon.co.uk, Amazon.de, Amazon.fr, Amazon.es and Amazon.it. In the future, this may be expanded to Amazon.com, Amazon.ca and Amazon.com.mx. All associated Conditions of Use & Sale, Privacy Notice, Cookies & Internet Advertising notices apply when visiting these Amazon websites and/or ordering any Lino & Luka product at these Amazon websites. Please find below a link to the most recent version of these policies:

By placing an order, you are (i) offering to purchase product(s) on these Terms and Conditions, (ii) representing that you are 18 years of age or over, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

For specifics on prices and costs, shipping, delivery and returns, please refer to bespoke Amazon websites.

INTELLECTUAL PROPERTY RIGHTS; CONTENT

Unless otherwise noted, the Website, its features, functionality, and all materials, including, without limitation, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, get-up and associated goodwill, software, specifications, advertisements, titles, names, User Generated Content (as defined below), and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by copyright and/or database right and/or other intellectual property rights in the Netherlands and are owned, controlled, and/or licensed by Lino & Luka B.V. and their respective (future) subsidiaries, divisions, branches, affiliates or companies under common ownership or control (collectively, “Lino & Luka”).

Lino & Luka and its logo and all related names, logos, product and service names, designs and slogans are registered Community Trade Marks or trademarks of Lino & Luka or its affiliates or licensors. Such marks cannot be used without the prior written permission of Lino & Luka. All other trademarks, product names, company names, logos, service marks, trade dress or other material mentioned, displayed, cited or otherwise indicated on the Website are used for identification purposes only and are the trademarks of their respective owners.

Except as permitted by applicable law or otherwise as may be expressly permitted by Lino & Luka you may not use, reproduce or copy (including storing in any medium by electronic means and whether or not transiently or incidentally to some other use), publish, misappropriate, extract, re-utilise, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software.

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. No right, title or interest in or to any downloaded materials or software is transferred to you as a result of any such downloading or copying.

The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and Lino & Luka is under no obligation to keep the Content updated. Lino & Luka may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.

The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the actual colour of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.

grant Lino & Luka the right to use your name in connection with such User Generated Content, subject to Lino & Luka’s Privacy & Cookie Notice;

represent and warrant that:

you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website;

such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and

the usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and

further grant Lino & Luka the right to pursue before any appropriate forum any person or entity that violates Lino & Luka’s or your rights under any applicable law in the User Generated Content.

User Generated Content submitted by you is deemed non-confidential and Lino & Luka is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Lino & Luka reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Lino & Luka is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:

you won’t require that any personally identifying information be used in connection with the User Generated Content;

you won’t oppose the publication, use, modification or deletion of the User Generated Content by Lino & Luka; and

you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.

Interactive Areas

This Website may contain Interactive Areas. If Lino & Luka provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;

Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;

Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;

Viruses, corrupted data or other harmful, disruptive or destructive files;

Material that is unrelated to the topic of the Interactive Areas in which such material is posted;

Material that communicates messages inconsistent with the goodwill of Lino & Luka or which otherwise violates these Terms and Conditions; or

Material that, in the sole judgment of Lino & Luka, is objectionable or which may expose Lino & Luka, you or other Website users to any harm, prejudice or liability.

To the extent possible under applicable law, Lino & Luka takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is Lino & Luka liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, Lino & Luka is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. Lino & Luka has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, Lino & Luka reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.

Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website.

Comments

You agree that no Comments submitted by you to this Website will violate any third party rights, including, but not limited to, copyright, trademark, privacy, publicity or other personal or proprietary right(s). You further agree that no Comments submitted by you to this Website will be or contain libelous, slanderous, defamatory or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content and form of any Comments you submit or post to the Website.

THIRD PARTY CONTENT; LINKS TO THIRD PARTY WEBSITES

Any Content, products or services posted on, transmitted through or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. Lino & Luka does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Site and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and Lino & Luka is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.

This Website may also contain links to third-party services and resources. You acknowledge that (a) Lino & Luka is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such website, and (b) Lino & Luka is not responsible for any other form of transmission received from any linked website. Lino & luka is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lino & Luka of the website. Any concerns regarding any such link should be directed to the particular third party website provider.

ACCESS TO AND USE OF WEBSITE; ACCEPTABLE USE POLICY

By accessing the Website, you agree to (i) comply with all applicable local laws regarding privacy, online conduct and acceptable use and content, and (ii) consent to having your personal data transferred to and processed in the Netherlands, Germany and the United Kingdom in accordance with our Privacy & Cookie Notice.

The Website is made available free of charge. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and that they comply with them.

We do not guarantee that the Website, or any content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. Lino & Luka will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

Although we make reasonable efforts to update the information on the Website, Lino & Luka make no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up to date.

Acceptable Use Policy

By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:

modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engage in the practice of “screen scraping,” or any other similar activity;

hack into the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;

modify another website so as to falsely imply that it is associated or affiliated with the Website;

damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party’s use and enjoyment of the Website;

violate any applicable laws, rules or regulations in your jurisdiction;

use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or

use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys or contests, or for any purpose that is prohibited by these Terms and Conditions.

Account Security

For any (future) portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION

If you believe in good faith that certain Content on the Website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying Lino & Luka that your copyrighted material has been infringed.

Please provide the following information in the following order (including Section Numbers):

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.

Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the Website should be emailed to:

info@linoluka.com, RE: Copyright Infringement

We suggest that you consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.

Lino & Luka will review and address all notices that comply with the requirements above and applicable law.

Repeat Infringers

In accordance with applicable law, Lino & Luka has adopted a policy of terminating, in appropriate circumstances and at it’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Lino & Luka may also limit or restrict access to the Website and/or terminate the accounts of any users who are deemed by Lino & Luka to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in Lino & Luka’s sole discretion.

FORCE MAJEURE

Lino & Luka shall not be liable for any damage as a result of any delay or failure by Amazon or others to deliver due to any act of God, act of yours, embargo or other governmental act, regulation or request, fire, accident, power outage, strike, slowdown or other labor difficulties, war, riot, act of terrorism, delay in transportation, defaults of common carriers, inability to obtain necessary labor, materials or manufacturing facilities or, without limiting the foregoing, any other delays beyond Lino & Luka’s reasonable control. In the event of any such delay, the approximate indicated date of delivery shall be extended for a period equal to the time lost because of the delay. Your exclusive remedy for other delays and for Lino & Luka’s inability to deliver via Amazon or others for any reason shall be cancellation of your order for such products with Amazon or others.

NO WARRANTY; DISCLAIMER

LINO & LUKA DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM BUGS, VIRUSES, TROJAN HORSES OR THE LIKE. FURTHER, SUBJECT ALWAYS TO SECTION 13(b) BELOW, LINO & LUKA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, THE CONTENT, THIRD-PARTY CONTENT, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE. FURTHER, SUBJECT TO SECTION 13(b), ALL PRODUCTS ARE PROVIDED “AS IS” VIA AMAZON OR OTHERS AND LINO & LUKA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES IN RELATION TO THE PRODUCTS.

NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF LINO & LUKA) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS EXCEPT TO REFER YOU TO SECTIONS 12 AND 13 OF THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS PROVIDED THAT NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT Lino & LUKA’S LIABILITY FOR FRAUDLENT MISREPRESENTATION.

LIMITATION OF LIABILITY

SUBJECT TO SECTION 13(b) BELOW, LINO & LUKA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT, INFORMATION OR MATERIALS ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED THIRD-PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD-PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY LINKED THIRD-PARTY WEBSITE(S) BY LINO & LUKA OR ANY THIRD PARTY, AND/OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY OF THE FOREGOING UNLESS SUCH LOSS OR DAMAGE IS A CONSEQUENCE OF LINO & LUKA’S BREACH OF THESE TERMS AND CONDITIONS AND WAS FORSEEABLE.

NOTHING CONTAINED IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT LINO & LUKA’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR IN RESPECT OF THE IMPLIED WARRANTIES IN SECTIONS 7:17 AND 7:18 OF THE DUTCH CIVIL CODE OR SIMILAR LAWS OF CONSUMER PROTECTION UNDER LOCAL LAW OR YOUR LEGAL RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS OR PRODUCTS WHICH ARE NOT AS DESCRIBED OR FOR ANY OTHER LIABILITIES THAT CANNOT BE LIMITED BY LAW. WE ARE REQUIRED (SAVE AS PROVIDED BY LAW) TO SUPPLY PRODUCTS VIA AMAZON THAT COMPLY WITH THE ORDERS PLACED WITH US VIA AMAZON. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.

CAP ON LIABILITY

SUBJECT ALWAYS TO SECTION 13(b), IN NO EVENT SHALL LINO & LUKA’S AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN ANY WAY RELATED TO YOUR PURCHASE OF PRODUCT(S), THE TRANSACTION TO BE ENTERED INTO PURSUANT TO IT, THE WEBSITE OR THESE TERMS AND CONDITIONS, EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS PURCHASED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Lino & Luka, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers, and distributors from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees), arising from or in connection with: (a) your use of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, Lino & Luka, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms or any representations you provide herein, and/or (d) your use of the Website or purchase of any products or services from the Website. Lino & Luka reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Lino & Luka in asserting any and all available defenses.

TITLE TO PRODUCTS

The title to any product(s) ordered through Amazon via or not via a link on this Website shall transfer to you upon Amazon’s receipt of full payment for such product(s) following their Terms & Conditions..

GOVERNING LAW AND JURISDICTION

These Terms and Conditions and the transactions governed by these Terms and Conditions shall be exclusively governed and construed according to Dutch law.

Any disputes relating to or arising out of these Terms and Conditions and/or any transactions governed by these Terms and Conditions (including non-contractual disputes) will be exclusively submitted to the Dutch courts.

CONTACT DETAILS

If you have any questions regarding these Terms and Conditions, you may refer to our Questions or you may also contact us at:

Email: info@linoluka.com

For more information on the European Commission’s online dispute resolution platform, visit http://ec.europa.eu/consumers/odr/

GENERAL LEGAL PROVISIONS

These Terms and Conditions are effective unless and until terminated by either you or Lino & Luka. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. Lino & Luka may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to products already ordered by you and to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.

Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting Lino & Luka’s products available worldwide via Amazon or others.

If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Lino & Luka to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.

Lino & Luka’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Lino & Luka’s right to comply with law enforcement requests or requirements.